April 5, 2000
James Cicconi, Esq.
General Counsel/Executive Vice President
for Law and Government Affairs
AT&T Corp.
Suite 1000
1120 20th Street
Washington, D.C. 20036
Susan Eid
Vice President, Federal Relations
MediaOne Group, Inc.
Suite 610
1919 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
Re. Applications for Transfer of Control to AT&T Corp. of Licenses and
Authorizations Held by MediaOne Group, Inc., CS Docket No. 99-251
Dear Jim and Susan:
The Cable Services Bureau staff is awaiting production of two documents that
were requested from AT&T and MediaOne pursuant to our review of the AT&T-
MediaOne merger.
The first document, which we requested on March 15, 2000, is a letter explaining
Articles XI and XIII of the Time Warner Entertainment, LP ("TWE") Agreement of
Limited Partnership (As Amended through September 14, 1993). At the time this
information was requested, AT&T and MediaOne representatives agreed, without
objection, to produce this explanation expeditiously.
The second requested document is a revised subscriber certification letter stating
the number of subscribers that will be attributable to AT&T if its merger with MediaOne
is consummated. The certification is required by Section 76.503(g) of the Commission's
rules (47 C.F.R. 76.503(g)). In response to our request, AT&T first provided a
subscriber certification on March 17, 2000. On the same day, staff requested that AT&T
supplement this letter to provide more accurate information on the number of TWE cable
James Cicconi, Esq.
Susan Eid
April 5, 2000
Page 2
subscribers and to include Time Warner, Inc. ("TWI") cable subscribers in the TWE
figures (because TWI cable systems are managed by TWE and therefore are attributable
to TWE under the Commission's rules). Again, AT&T representatives agreed to provide
the revised figures. At that time, your representatives stated that AT&T intended to note
in the letter its argument against attribution of the TWE (including TWI) cable
subscribers to AT&T post-merger. We recognized your right and desire to preserve your
legal arguments with respect to whether TWE is attributable, and we informed your
representatives that we found your suggestion acceptable.
Recently, Betsy Brady, AT&T's Vice President of Federal Government Affairs,
informed us of your intent not to produce the information you previously agreed to
provide until a decision or recommendation had been made about your waiver request.
We do not understand the underlying rationale for your refusal to provide without delay
the requested information with respect to the TWE Limited Partnership Agreement and
subscriber certification.
I am writing to request that you reconsider your decision not to provide the
requested information at this time. This information would be beneficial to our review of
your waiver request as well as our review of the entire merger.
We look forward to receiving the requested information or a written explanation
as to why you will not make the requested information available at this time. In the
interim, please be assured that we will continue our review of the merger as well as your
request for a waiver.
Please feel free to call if you have any questions.
Sincerely,
Deborah A. Lathen
Chief, Cable Services Bureau
cc: To-Quyen Truong
Betsy Brady